Mine, is solid as far as usage goes. I have noticed a little flucuation as well but nothing problematic. I took mine off the charger at about 7:00am and talked all the way to my office (35 minutes) recieved about 50-60 emails and maybe another hour or so of talk time, battery has not maved a bar yet...
If you can't spot the sucker in the first five minutes, you are the sucker!!